Kemp v. State

I agree with the majority that the death sentence relating to the murder of Richard “Bubba” Falls must be affirmed, but I would affirm the other death sentences as well.1

The majority reverses because it discerns insufficient proof of aggravating circumstances in this case. The two aggravators found by the jury to outweigh mitigating factors are these:(1) The capital murder was committed for the purpose of avoiding or preventing an arrest.(2) In the commission of the capital murder, Timothy Wayne Kemp knowingly created a great risk of death to a person other than the victim.

Under our statutes,…